Sign In
All Burke County specific forms and documents listed below are included in your immediate download package:
The Following Georgia and Burke County supplemental forms are included as a courtesy with your order.
Affidavit Certificate (Georgia Document)
Credible Witness Affidavit (Georgia Document)
Translator Affidavit Certificate (Georgia Document)
Witness Signature Certificate (Georgia Document)
Copy Certification by Notary (Georgia Document)
Copy Certification by Document Custodian (Georgia Document)
Guide to Georgia Homestead Exemptions (Georgia Document)
Application for Homestead Exemption (Georgia Document)
Including:
Gifts of Real Property in Georgia
Gift deeds convey title to real property from one party to another with no exchange of consideration, monetary or otherwise. Often used to transfer property between family members or to gift property as a charitable act or donation, these conveyances occur during the grantor's lifetime. Gift deeds must contain language that explicitly states that no consideration is expected or required. Ambiguous language, or references to any type of consideration, can make the gift deed contestable in court.
A lawful gift deed includes the grantor's full name and marital status, as well as the grantee's full name, marital status, vesting information, and mailing address. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or co-ownership. For Georgia residential property, the primary methods for holding title are tenancy in common and joint tenancy. An estate conveyed to two or more people is presumed a tenancy in common, unless otherwise specified (OCGA 44-6-120, 44-6-190).
As with any conveyance of realty, a gift deed requires a complete legal description of the parcel. Recite the source of title to maintain a clear chain of title, and detail any restrictions associated with the property. In Georgia, deeds must be signed by the grantor in front of a notary and one witness ( 44-2-21(b)). All signatures must be original.
In Georgia, all documents conveying an interest in real property require a Real Estate Transfer Tax Form (PT-61). This form is available online at gsccca.org, and it must be submitted electronically [1]. Record the completed gift deed, along with additional materials, with the clerk of court's office where the subject property is located. Contact the same office to confirm recording fees and accepted forms of payment.
With gifts of real property, the recipient of the gift (grantee or donee) is not required to declare the amount of the gift as income, but if the property accrues income after the transaction, the grantee is responsible for paying the requisite state and federal income tax [2].
In Georgia, there is no state gift tax. Gifts of real property in Georgia are, however, subject to the federal gift tax. The person or entity making the gift (grantor or donor) is responsible for paying the federal gift tax; however, if the donor does not pay the gift tax, the donee (grantee) will be held liable [2]. For questions regarding state tax laws, consult a tax specialist.
In accordance with federal law, individuals are permitted an annual exclusion of $15,000 on gifts. This means that gifts valued below $15,000 do not require a federal gift tax return (Form 709). Even so, donors should consider filing one for many gifts of real property [3].
This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact a Georgia lawyer with any questions about gift deeds or other issues related to the transfer of real property.
[1] http://apps.gsccca.org/pt61efiling/faq.asp#4
[2] http://msuextension.org/publications/FamilyFinancialManagement/MT199105HR.pdf
[3] https://www.irs.gov/businesses/small-businesses-self-employed/frequently-asked-questions-on-gift-taxes
The documents you receive here will meet, or exceed, the Burke County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Get your Burke County Gift Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
4.8 out of 5 (3975 Reviews) April 1st, 2023
Name: Stephen K.
Review: this 5-star rating is well-deserved.
Reply from Staff on April 1st, 2023
Thank you!
March 31st, 2023
Name: Fawn T.
Review: So easy, forms were great, examples of filled out forms, and instructions guide. Made it way easier, totally worth it!
Reply from Staff on March 31st, 2023
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
March 31st, 2023
Name: James D.
Review: I had a satisfying experience very informative and easy to navigate.
Reply from Staff on March 31st, 2023
Thank you!
Name: Linda L.
Review: Excellent service. Very quick response.
Reply from Staff
Thank you Linda, we appreciate your feedback.
Name: TRACEY W.
Review: The system is very easy to use. I wasn't able to access what I needed but my fees were refunded without issue.
Reply from Staff
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Name: Tim H.
Review: Found the service useful and straightforward. The only recommendation would be to send an e-mail notification to the request or when their package is ready for download. Mine, apparently, was ready within and hour or so after placing the request but did not go back onto the site until a day later to find it was ready.
Reply from Staff
Thank you for your feedback. We really appreciate it. Have a great day!
Name: Kyle K.
Review: Deeds is extremely helpful and cost effective for small and large businesses. Saves me time to do more valuable tasks.
Reply from Staff
Thank you for your feedback. We really appreciate it. Have a great day!
Name: Adam W.
Review: Great stuff
Reply from Staff
Thank you!
Name: Terri L.
Review: Great Tool! Very easy to complete.
Reply from Staff
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Name: Willie T.
Review: Great
Reply from Staff
Thank you for your feedback. We really appreciate it. Have a great day!
Name: Lori W.
Review: Great resource! Nice to have these forms and information available. No problems at the recorder, in fact it was the recorder that referred me to deeds.com they like their forms so much.
Reply from Staff
Thank you for your feedback. We really appreciate it. Have a great day!
Name: Josephine A.
Review: Being a first timer, I was hesitant at first to use the service. I was genuinely surprised at how easy it is to set up an account, upload my document, and pay the invoice. The next day I downloaded my document duly recorded. Good work, guys!
Reply from Staff
Thank you for your feedback. We really appreciate it. Have a great day!
Name: ROBERET D.
Review: after a poor start was able to get to the forms page and find what I was looking for and every thing worked good. Just getting to the right area was a struggle but we made thanks Bob
Reply from Staff
Thank you for your feedback. We really appreciate it. Have a great day!
Name: Ron D.
Review: No choice since the county does not seem to provide info you supplied.
Reply from Staff
Thank Ron, have a great day!
Name: Mark G.
Review: I would recommend this product for little effort needed to complete any action you might require.
Reply from Staff
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Use of Deeds.com Legal Forms. On our Site we make available for use self-help "fill in the blank" forms. If you use a form on our Site, you explicitly agree to our Terms of Use. You understand and agree that your purchase and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs, not guaranteed or warranted to be current, up to date, or accurate.
NO WARRANTY. Do It Yourself Legal Forms available on our Website are not guaranteed to be usable, correct, up to date, or fit for any legal purpose. Use of any Do It Yourself Legal Form from our website is done so AT YOUR OWN RISK.
If you use any Do It Yourself Legal Form available on Deeds.com, you agree that: TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE LEGAL FORMS OR FOR ANY INFORMATION OR SERVICES PROVIDED TO YOU THROUGH THE DEEDS.COM WEBSITE. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE OBLIGATION TO YOU FOR DAMAGES WILL BE LIMITED TO $100.00.
Nothing on this website should be considered a substitute for the advice of an attorney.
© DEEDS.COM INC. 1997 - 2023 ALL RIGHTS RESERVED | (330) 606-0119 | P.O. Box 5264, Fairlawn, OH 44334